What is common property?
By Dr. Carryn Melissa Durham A basic principle in sectional title schemes is that the body corporate must maintain the common property, while owners must each maintain their section. It’s … Continue reading
Installing a borehole in sectional title schemes
By Dr Carryn Melissa Durham With the load shedding and interrupted electricity supply last year, Paddocks was inundated with queries on how bodies corporate could install generators in their schemes. … Continue reading
Must the trustees send levy statements to owners in sectional title schemes?
By: Dr Carryn Melissa Durham The adoption of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) has not altered the position that the trustees (or managing agent) … Continue reading
Amendment of rules by body corporate
By Dr Carryn Melissa Durham The previous articles titled “Substitution of the prescribed rules by the developer” and “Substitution of the prescribed rules by the body corporate” addressed the process … Continue reading
Conserving water in sectional title schemes
By Dr Carryn Melissa Durham March, 22nd is World Water Day! Low dam levels and droughts have been an issue for most of the provinces in South Africa over the … Continue reading
Investment of body corporate funds
By Dr Carryn Melissa Durham The nature of a body corporate is to generate funds to cover expenses and to build reserves. Therefore, making profit is not their primary function. … Continue reading
Short-term letting in sectional title schemes
By Dr Carryn Melissa Durham Many people own property in sectional title schemes for investment purposes, and they let their units out to tenants for rental income. With accommodation reservation … Continue reading
Legal nature of exclusive use rights
By Dr Carryn Melissa Durham In terms of section 2(c) of the Sectional Titles Act 95 of 1986 (“the Act”), all the owners of sections in a scheme own all … Continue reading
Levy statements in sectional title schemes
By Dr Carryn Melissa Durham I was inspired to write this article after reading a recent post on the Paddocks Facebook page. The questions which arise from this post are … Continue reading
Owner’s failure to maintain their section or exclusive use area
By Dr Carryn Melissa Durham Prescribed Management Rule (“PMR”) 70 provides a remedy for the body corporate where an owner either fails to repair or maintain their section or fails … Continue reading
For the record: body corporate responsibilities
By Dr Carryn Melissa Durham Administering a sectional title scheme can involve some major paper pushing. The trustees have a duty to maintain the records on behalf of the body … Continue reading
The Community Schemes Ombud Service
By Dr Carryn Melissa Durham As the Regulations are currently with Parliament, it is hoped that they will be signed during the course of this year. It is for this … Continue reading
Thinking Inside the Box 